Senate Democrats said to weigh vote on Keystone

U.S. Senate Democratic leaders are considering scheduling a vote on a nonbinding resolution urging approval of TransCanada Corp.'s Keystone XL pipeline, according to two Senate Democratic aides.

The option is being discussed as a way to ease passage of separate legislation the Senate may consider as soon as next week that aims to promote energy efficiency, according to the aides, who requested anonymity.

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The idea behind the approach is that promising a vote on backing approval of the pipeline would allow Democratic leaders to make the case that Keystone shouldn't be debated as part of the energy-efficiency bill. It also would give some Democrats a chance to publicly state their support for the project.

Still, Republicans say they may push for an amendment that would require the pipeline's approval.

“This is energy, which relates to many controversial issues so there's the possibility of lots of issues coming up,” said Ohio Sen. Rob Portman, the chief Republican sponsor of the energy efficiency measure. “But that's what we're paid to do — debate and vote on tough issues. So I hope we'll be able to do that.”

The Senate voted 62-37 in March 2013 in favor of a nonbinding resolution endorsing construction of the pipeline. Sixteen Democrats voted for the measure, including Mary Landrieu of Louisiana, Mark Pryor of Arkansas, Kay Hagan of North Carolina and Mark Begich of Alaska. The four are seeking re-election this year in states that Republican presidential nominee Mitt Romney won in 2012.

Senate Minority Leader Mitch McConnell, a Kentucky Republican, said today that Democrats could pay a political price for failing to force approval of the project.

“You'd think Washington Democrats would join the majorities of Americans who say that Keystone is a good deal for our country,” McConnell said.

After the State Department announced earlier this month that it again was delaying a recommendation on the pipeline, Democratic backers said the Senate should go further and circumvent the administration by forcing the project's approval.

Sen. Heidi Heitkamp, a North Dakota Democrat, said she and other pipeline supporters would “start counting noses again” for legislation to force approval. It's unclear whether the resolution vote would appease those Democrats pushing for Congress to bypass President Barack Obama on the issue.

The idea of a nonbinding vote supporting the Keystone project is running into resistance from the pipeline's backers. Sen. John Hoeven, a North Dakota Republican and a chief backer, only wants a binding vote, said his spokesman.

“We will not support a nonbinding resolution, only approval,” said Don Canton, Hoeven's spokesman.

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Wyoming Sen. John Barrasso, a member of the Republican leadership, scoffed at the idea of another nonbinding vote.

“Sounds like they're afraid to vote on the real thing,” said Barrasso, a strong Keystone supporter, referring to Democratic leaders.

Forcing approval of the pipeline would be difficult; supporters said they're still a few votes short of the 60 needed to advance a bill in the 100-member Senate.

It would require two-thirds of the Senate — or 67 members — to override an almost certain presidential veto. Majority Leader Harry Reid, the Nevada Democrat who's in charge of the Senate's calendar and is a pipeline foe, has declined to bring up legislation that would go around the Obama administration on Keystone.

The Republican-led House of Representatives has passed similar measures by broad majorities. The House in May passed legislation to approve Keystone on a 241-175 vote.

The State Department is leading an interagency review of TransCanada's proposal to build a $5.4 billion pipeline from Hardisty, Alberta, to Steele City, Neb. From there it would connect to an existing network of pipelines that extends to refineries on the Gulf Coast.

The department had asked other agencies to file comments on the plan by early May. On April 18, the department said it would extend that deadline until a legal challenge to the route through Nebraska is settled by the state Supreme Court.

Opponents of the project say the delay probably pushes a final decision into early next year — after the midterm election in November that will determine control of Congress.

TransCanada proposed Keystone in September 2008. Obama rejected the route after Nebraska officials said it posed a risk to an important aquifer and network of wetlands. A new route was approved by Nebraska Gov. Dave Heineman, though landowners challenged a law that gave him that authority.

A landowner victory in the case was appealed to the Nebraska Supreme Court, which may hear the case this fall.

The week before the State Department announced the delay, citing the Nebraska case, 11 Senate Democrats sent a letter to Obama requesting he approve the Keystone pipeline before May 31.